Chapter 17.128 — ENFORCEMENT

The provisions of this chapter are intended to ensure compliance with the requirements of this chapter and any conditions of land use permit or subdivision approval, to promote the Town's planning efforts and to protect the public health, safety, and welfare.

(Code 1990, § 17.132.010; Ord. No. 14-02, § 4, 3-19-2014)

(a)

Compliance with chapter required. All departments, officials, and public employees of the Town which are vested with the authority or duty to issue licenses or permits shall comply with the provisions of this chapter and shall not issue a license or permit for purposes, structures, or uses which would be in conflict with the provisions of this chapter.

(b)

Official duty to enforce. It shall be the duty of the Director to enforce the provisions of this chapter and any use of land or structures and the addition, alteration, construction, erection, moving, or reconstruction of or to any structure.

(c)

Police Department. During non-office hours, it shall be the responsibility of the Police Department to monitor and enforce the provisions of this chapter.

(Code 1990, § 17.132.020; Ord. No. 14-02, § 4, 3-19-2014)

Any use, structure, or property which is altered, enlarged, erected, established, maintained, moved, or operated contrary to the provisions of this chapter or any condition of approval, is hereby declared to be unlawful and a public nuisance and may be abated by the Town through civil proceedings by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances.

(Code 1990, § 17.132.030; Ord. No. 14-02, § 4, 3-19-2014)

All remedies contained in this chapter for the handling of violations or enforcement of the provisions of this chapter shall be cumulative and not exclusive of any other applicable provisions of Town, County, or State law. Should a person be found guilty and convicted of a misdemeanor for the violation of any provision of this chapter, the conviction shall not prevent the Town from pursuing any other available remedy to correct the violations.

(Code 1990, § 17.132.040; Ord. No. 14-02, § 4, 3-19-2014)

Every applicant seeking a permit or any other action in compliance with this chapter shall allow the Town officials handling the application access to any premises or property which is the subject of the application. If the permit or other action in compliance with this chapter is approved, the owner or applicant shall allow appropriate Town officials access to the premises in order to determine continued compliance with the approved permit or any conditions of approval imposed on the permit.

(Code 1990, § 17.132.050; Ord. No. 14-02, § 4, 3-19-2014)

The procedures for the recovery of administrative costs and expenses incurred by the Town for the enforcement of this chapter or any condition imposed through this Title, in cases where no permits are required to correct a violation, shall be followed as set forth in Section 8.24.

(Code 1990, § 17.132.060; Ord. No. 14-02, § 4, 3-19-2014)